Judge David Tatel Honored by Chicago Lawyers’ Committee for Civil Rights 

At its 50th Anniversary Gala on October 24, the Chicago Lawyers’ Committee for Civil Rights granted its Legal Champion Award to Judge David S. Tatel. Here we will review the Gala Co-Chair’s introduction of the Judge, the latter’s response and the Judge’s recent opinion for the U.S. Court of Appeals for the D.C. Circuit upholding a House of Representatives committee’s subpoena to an accounting firm for certain financial records of Donald Trump and some of his companies. This post will conclude with some personal remarks by this blogger.

Co-Chair’s Introduction of Judge Tatel

 Nate Eimer, a Chicago attorney and Co-Chair of the Gala, introduced the Judge with these remarks, “Fifty years ago, [David Tatel,] a brilliant, dedicated, courageous University of Chicago of Law graduate working as an associate at Sidley & Austin decided to leave the firm and join the newly formed Chicago Lawyers’ Committee for Civil Rights Under Law as its founding Executive Director.”

“[Before then, David Tatel already had begun] his life of dedicated service to the cause of civil rights immediately upon his arrival at Sidley doing pro bono work for the Chicago Urban League. [And in] his first year as Executive Director of the Lawyers’ Committee [Mr.] Tatel initiated almost 50 projects to advance civil rights in the areas of education, housing, community economic development, employment, and police accountability.”

“In that first year the Committee’s efforts led to the federal investigation and indictment of those responsible for the murder of Black Panthers Fred Hampton and Mark Clark.  Another effort, reminiscent of the recent school closings in Chicago, was the Committee’s member firms’ successful representation of a group of parents on the South Side whose cooperative school was abruptly closed by the City of Chicago.”

“On leaving the Chicago Lawyers’ Committee, . . . [Mr. Tatel] moved to Washington DC where he joined Sidley’s DC office and then served as the  Executive Director of the National Lawyers’ Committee for Civil Rights and later as the Director of the Office for Civil Rights of HEW.”

“In 1994, . . .[David] Tatel was nominated by President Bill Clinton to assume the seat held by Justice Ruth Bader Ginsburg on the United States Court of Appeals for the D. C. Circuit.  This is Judge Tatel’s 25th year on the bench.  His recent opinion in Trump v. Mazar – which upheld the House Oversight Committee’s subpoena for records relating to President, candidate, and private citizen Trump’s financial records – was widely recognized as ‘meticulous and scholarly.’”

The printed Gala program added these words about the Judge’s background: “Judge Tatel earned his undergraduate degree from the University of Michigan and his J.D. degree from the University of Chicago. [After HEW, he returned to private practice in 1979 to join]. . .  Hogan & Hartson, where he founded and headed the firm’s education practice until his appointment by President Clinton to the D.C. Circuit. Judge Tatel currently co-chairs the National Academy of Sciences’ Committee on Science, Technology and Law, and serves on the boards of Associated Universities , Inc. and the Federal Judicial Center. Judge Tatel is a member of the American Philosophical Society and the American Academy of Arts and Sciences. Judge Tatel and his wife, Edith, have four children and eight grandchildren.”

 Judge Tatel’s Acceptance Speech

For me, serving as the Chicago Lawyers’ Committee’s first executive director was one of the most formative experiences of my career. I was only twenty-seven years old, yet through the Lawyers’ Committee, I met and worked with some of the most dedicated and gifted members of the Chicago bar. Two of those lawyers, Dick Babcock, of Ross, Hardies, O’Keefe, Babcock, McDugald & Parsons, now part of McGuire Woods, and Bill Haddad, of Bell, Boyd, Lloyd, Haddad & Burns, now part of K&L Gates, were the true founders of the Chicago Lawyers’ Committee. It was they who took the baton from the National Committee and laid the foundation for the success you celebrate today.”

“Like the founders of the National Lawyers’ Committee six years earlier, Babcock and Haddad were not civil rights lawyers—far from it. Bill was a tax lawyer and Dick specialized in municipal zoning, but they were community leaders, ‘lawyer-statesmen,’ as it were, committed to the Constitution and the rule of law.”

“Joined by twelve other lawyers, all senior partners in the city’s major law firms, Babcock and Haddad formed the Chicago Lawyers’ Committee to bring the skills, energy, and prestige of the legal profession to bear on the serious civil rights problems facing this city—problems dramatically highlighted just one year earlier during the devastating riots that swept through the south and west sides in the wake of the assassination of Dr. Martin Luther King, Jr.”

“The Committee began its work in a small office on the 19th floor of the old Monadnock Building at 53 West Jackson—just me, a secretary, and a used Xerox machine. Member firms quickly took on representations involving education, employment, housing, and community development.”

“And then, on a dark, cold December morning just a few months after the Committee opened its doors, fourteen heavily-armed police officers assigned to a special unit of the Cook County State’s Attorney raided an apartment at 2337 West Monroe. When the raid was over, two leaders of the Black Panther Party lay dead, cut down in a hail of bullets. The State’s Attorney called the raid ‘a fierce gun battle’ and congratulated his officers on their ‘bravery and restraint in the face of the vicious Black Panther attack,’ yet a subsequent investigation found that the apartment’s occupants had fired but two shots. In response, Dick Babcock, Bill Haddad, and ten other members of the Lawyers’ Committee sent a telegram to the Attorney General of the United States calling for the appointment of a special grand jury. They warned that the incident had ‘exacerbated to a critically dangerous level the already tense relations between the black community and the police.’ The telegram concluded with these simple but powerful words that Dick added in his own handwriting just before calling Western Union: ‘None of us is accustomed to petitioning government. That we now do is a measure of the depth of our concern.’”

“In calling for a federal investigation, these prominent attorneys were fulfilling the vision President John F. Kennedy articulated in June 1963 when he called on the nation’s lawyers to play a more active role in the fight for racial equality. Deeply troubled about the South’s violent response to the civil rights movement, especially the assassination of Medgar Evers and the firehosing of demonstrators in Birmingham, and having just federalized the Alabama National Guard to enforce court-ordered desegregation at the University of Alabama, the president told 250 leaders of the bar assembled in the East Room that lawyers have a special responsibility to ensure that civil rights issues are resolved ‘in the courts, not the streets.’ Thus was born the Lawyers’ Committee for Civil Rights Under Law.”

“Like the lawyers who heeded Kennedy’s call, Babcock, Haddad, and the others who signed the telegram to the Attorney General were acting in the very best tradition of the legal profession. Even though they were committing their names and reputations to defending an organization whose tactics they and most Chicagoans deplored, they demanded, as lawyers and officers of the court, that the city confront the Black Panther Party through the legal system, and that it hold accountable those officials who had taken the law into their own hands. The lawyers who signed the telegram to the Attorney General, like the 250 lawyers listening to President Kennedy in the East Room, were Democrats and Republicans, liberals and conservatives. But they had no disagreement about the fundamental proposition that in a nation based on the rule of law, civil rights conflicts must be resolved through the legal process.”

“This bipartisan commitment to the rule of law is the key to the Lawyers’ Committee for Civil Rights Under Law. It is what makes the Lawyers’ Committee unique, and now more than ever, it is this precious bipartisan commitment to civil rights that the Chicago Lawyers’ Committee must seek to preserve.”

Judge Tatel’s Opinion in Trump v. Mazars USA LLP [1]

On October 11, just two weeks before this award, Judge Tatel wrote the 2-1 opinion for a panel of the D.C. Circuit upholding the subpoena by the House Committee on Oversight and Reform to the accounting firm Mazars, USA LLP for “records related to work performed for President Trump and several of his business entities both before and after he took office.” The opinion started with its conclusion that was explicated in the balance of the opinion: “the Committee possesses authority both under the House Rules and the Constitution to issue the subpoena, and Mazars must comply.” The opinion then cited many Supreme Court cases and other authorities in the following five sections:

1. The current Congress on January 3, 2019, debated and adopted “a set of rules to govern its proceedings.” It established the previously mentioned Committee, which was charged with “review[ing] and study[ing] on a continuing basis the operation of Government activities at all levels” and which was authorized to “conduct investigations” “at any time . . . of any matter,” “without regard to” other standing committees’ jurisdictions. To “carry[] out . . . [these] functions and duties” the . . . Committee may “require by subpoena or otherwise . . . the production of such . . . documents as it considers necessary.”

The opinion then reviewed the background for this subpoena, including the Ethics in Government Act of 1978 and the district court’s opinion in this case that had upheld this subpoena.

2. Next Judge Tatel’s opinion reviewed the history of legislative subpoenas, starting with the English Parliament and U.S. congressional subpoenas before discussing U.S. Supreme Court cases regarding the latter (as well as the D.C. Circuit’s opinion in a case over a Senate subpoena to President Nixon). These authorities established the following governing principles: (a) the committee must have been delegated the power to conduct investigations; (b) the congressional power to investigate is broad; Congress, however, may not “usurp the other branches’ constitutionally designated functions nor violate individuals’ constitutionally protected rights” or “conduct itself as a law enforcement agency;” (c) “Congress may investigate only those topics on which it could legislate;” and (d) “congressional committees may subpoena only information ’calculated to’ ‘materially aid[]’ their investigations.”                                                      3. The opinion then reviewed the “public record,” including “several pieces of legislation related to the Committee’s inquiry,” regarding this subpoena and concluded that it “reveals legitimate legislative pursuits, not an impermissible law-enforcement purpose.” Moreover, “this subpoena is a valid exercise of the legislative oversight authority because it seeks information important to determining the fitness of legislation to address potential problems within the Executive Branch and the electoral system; it does not seek to determine the President’s fitness for office.” In short, “the categories of information sought are ‘reasonably relevant’ to the Committee’s legitimate legislative inquiry.”                 4. Next the opinion rejected Mazars’ contention that the full House had not authorized the Committee to issue this subpoena. After all, Mazars had not challenged “the most natural reading of the House Rules [that] the full chamber has authorized the Committee to issue the challenged subpoena” and “the House Rules have no effect whatsoever on the balance between Congress and the President.”                                                                                                                            5.Finally, “the constitutional questions raised here are neither “’[g]rave’” nor “’serious and difficult.’” “We therefore have no cause to invoke the canon of constitutional avoidance.” “It is Mazars, a third-party, that will retrieve and organize the relevant information; the subpoena seeks non-confidential records in which the President has asserted no proprietary or evidentiary protections; and it is Mazars, not the President, [that] risks contempt through non-compliance.”

Conclusion

 This blogger is a University of Chicago Law School classmate and friend of Judge Tatel and at our 50th reunion in May 2016, presented our classmates with a booklet containing his biography and a selected list of 10 of his most significant cases as of that date.[2]

In 1957 David was diagnosed with retinitis pigmentosa, a genetic disorder causing loss of vision, which happened for him around 1973. I continue to be amazed at his ability to overcome this disorder and do this difficult and important legal work with such intelligence, diligence and grace. Thank you, Judge Tatel!

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[1] Trump v. Mazars and Committee on Oversight & Reform of the U.S. House of Representatives, No. 19-5142 (D.C. Cir. Oct. 11, 2019).   The dissenting opinion of Circuit Judge Neomi Rao is not discussed in this post.

[2] See these posts to dwkcommentaries.com mentioning Judge Tatel: My Years at the University of Chicago Law School (Dec. 27, 2011); The D.C. Circuit’s Decision Upholding the Validity of the Voting Rights Act of 2006 (March 11, 2013); Judging on the U.S. Court of Appeals for the D.C. Circuit (April 11, 2013); Federal Appellate Court Allows Lawsuit by Guantanamo Detainees (March 1, 2014).

 

Report for dwkcommentaries –2018    

This blog, which started on April 4, 2011, reports the following activity through December 31, 2018:

YEAR POSTS VIEWS
2011 190  9,189
2012 179 51,164
2013   86 49,082
2014 138 58,602
2015 191 62,990
2016 149 56,831
2017 178 47,554
2018 219 47,824
TOTAL 1330 383,236 


There are 764 followers and the busiest day for all time was December 10, 2016, with 1,725 views and the most popular post with 1,597 views is “Aeschylus on Suffering and Wisdom” (Feb. 10, 2014), https://dwkcommentaries.com/2014/02/10/aeschylus-on-suffering-and-wisdom.

As indicated in detail in the Pages section on the left side of the home page, the posts and comments for 2011-2018 fall into the following categories (as stated in the Lists of Posts to dwkcommentaries-Topical:

  • Cameroon
  • Cuba [history and politics]
  • Education
  • El Salvador [history and politics]
  • Law (Criminal Justice)
  • Law (International Criminal Court)
  • Law (Refugee & Asylum)
  • Law (Treaties)
  • Law (U.S. Alien Tort Statute)
  • Law (U.S. Torture Victims Protection Act)
  • Lawyering [my practice of law]
  • Miscellaneous
  • Morocco
  • Personal [my personal background]
  • Religion [predominantly Christianity]
  • South Africa & Mandela
  • United States (History)
  • United States (Politics)

This annual report is shorter than usual because WORDPRESS has not provided its annual report.

The blogger would appreciate receiving substantive comments on his posts, including corrections and disagreements.

 

 

 

“What Is the Highest Law?”

This was the title of the November 11 sermon by Rev. Tim  Hart-Andersen, Senior Pastor at Minneapolis’ Westminster Presbyterian Church.[1]

Preparing for the Word

Stewardship Moment for Justice was presented by Rev. Dr. Jimmie Hawkins, Director of the Presbyterian Office of Public Witness in Washington, D.C. He discussed the activities of the Office, including its  actions to help change the cash-bail system in the U.S. while also combating  the silo effect of interacting only with like-minded people.

Prayer of Confession. Associate Pastor Rev. David Shinn led the congregation in the following unison Prayer of Confession:

  • “Gracious God, by day and by night we lift our prayers to you, crying out for justice, yearning for what is right, longing for your peace. Replenish our strength and stir up our hope, as we look for signs of your coming reign. Keep us working and praying for the day when your justice will roll down like waters, and your righteousness like an ever-flowing stream. And fill us with the peace that passes all understanding—the deep peace of Jesus Christ, our Savior, in whose holy name we pray. Amen.”

 Listening for the Word

Holy Scripture:  Matthew 22:34-40 (NRSV):

“When the Pharisees heard that he had silenced the Sadducees, they gathered together, and one of them, a lawyer, asked him a question to test him. ‘Teacher, which commandment in the law is the greatest?’  [Jesus]  said to him, ‘You shall love the Lord your God with all your heart, and with all your soul, and with all your mind. This is the greatest and first commandment. And a second is like it: ‘You shall love your neighbor as yourself.’ On these two commandments hang all the law and the prophets.’”

Sermon:

“This morning’s gospel passage is set in the midst of a debate between Jewish leaders, the Sadducees and Pharisees. In first century Israel they were powerful competing elites connected to the Temple in Jerusalem. They often disagreed on the meaning of the Hebrew Scriptures.”

“Matthew presents us with a window into their debate as it draws in Jesus. They ask him about paying taxes to Rome, because they disagree on what they should do. They ask Jesus about resurrection because they disagree about life after death. They’re at odds over interpretation of the law.”

“So when the lawyer asks Jesus a question it’s not merely to trap him, as we Christians often read the text. It’s more likely a local debate in which they want Jesus’ opinion. The lawyer genuinely wants Jesus to weigh in: does he support the Sadducees or the Pharisees?”

“The scene is not that different from what plays out among groups of Christians today. We debate the meaning of scripture, and we want Jesus on our side.”

“’Teacher,’ the lawyer asks, ‘Which commandment in the law is the greatest?’”

“It’s a good question. Among the 613 laws in the Hebrew Scriptures, he wants to know which is most important. It’s a bottom-line question, and we should listen carefully to the answer Jesus gives. He’s speaking not merely to that Pharisee or to others eager to hear his response. He’s speaking to us [too].”.

“’You shall love the Lord your God with all your heart, and with all your soul, and with all your mind,’  Jesus says, reaching back to Deuteronomy [6:5]. ‘This is the greatest and first commandment.’”

“But he doesn’t stop there.”

“’And a second is like it,’ Jesus says, this time going back to Leviticus [19:18]. ‘You shall love your neighbor as yourself.’’”

“But he’s not done. Jesus wants to clarify his response and aim it at the interpretation of all the ancient texts, so he throws in a bonus answer: ‘On these two commandments hang all the law and the prophets.’ (Matthew 22:38-40)”

“The fundamental rule of interpreting scripture, Jesus is explaining here, is the law of love. If the interpretation of a text points in the direction of God’s love, if it amplifies God’s desire that we love one another, if it shines light on the unconditional love of God, then we have understood the Bible in the way Jesus wants us to read it.”

“I wonder if the response of Jesus settles anything. Did the Sadducees and Pharisees walk away saying to one another, ‘We’ve been going about this all wrong. Our faith wants us to start not with law, not with the rules, not with the doctrine, not with the strict definition of what’s right and wrong, but with love.”’

“That’s the takeaway from this text for us, as followers of Jesus. The starting point and the end point in our encounter with the world, with our neighbors, with those with whom we disagree, even with those we consider enemies, the starting point and the end point is always, always, always, the love of God.”

“To love in the way of Jesus we cannot keep putting ourselves at the center.”

“When Jesus says that all scripture ‘hangs’ on the love of God and love of neighbor, the image of a clothesline comes to mind – a long line representing the love of God and the love of neighbor, stretching across all of scripture. Each biblical story, the psalms and the prophets, the formative narratives of the Hebrew people – we see them all hanging there, on that one line.”

“Then we notice that the line is longer, and stretches even further. We see the parables of Jesus, the healings, the cross and resurrection, hanging on that line of love. And the line keeps stretching. The letters to the first Christian communities are hanging there, and the words of the early councils of the church.

“And that clothesline of love keeps stretching, through the spread of Christian faith around the world, through many generations of faithful followers. Nothing stops it. The line keeps going – the commandment to love God and to love neighbor, as we love ourselves – it keeps going right into the life of this congregation…and what is hanging there on that clothesline in our life together?”

“We see our worship every Sunday for more than 161 years. We see our welcome of Chinese newcomers in the 19th century, when they were scorned by others. We see the schools we started among immigrant children living on the flats along the river in the late 1800’s. We see our ownership of Abbott Hospital and our role in offering medical care and training to thousands in the middle years of the 20th century, We see our support of mission in other lands that evolved into our global partnerships today.”

“It’s all hanging on that long line of love stretching through our life.”

“We see the 16 churches Westminster has helped launch over the years, including Kwanzaa, now Liberty Church, the state’s only African-American Presbyterian congregation. We see that partner church there, together with us on the long line of the love of Jesus.”

“We see our church calling and installing [today] an Associate Pastor for Justice and Mission, Alanna Simone Tyler, nurtured by our partner congregation in north Minneapolis.”

“It’s all there.”

“We see Westminster’s willingness to work for marriage equality and to stand up for justice by advocating for an end to racism, for sensible gun safety, and for more affordable housing. We see Westminster using our new facility to welcome people coming in off the streets.”

Our life as a Christian community hangs on a clothesline of love that stretches all the way back to Jesus and on into the future.” (Emphasis added.)

“And we’ve learned that to love in the way of Jesus, the other must always be at the heart of our concern, especially when the other is vulnerable, always at the center of our concern.”

“’No one has greater love than this,’ Jesus says, than ‘to lay down one’s life for one’s friends.’ (John 15:13)

“One hundred years ago today, at 11AM on November 11, 1918, the Armistice ending the Great War was signed. Inscribed on the bronze plaque in the Cloister Hall are the names of 191 men and women of this church who served in what was to have been the war to make the world safe for democracy. They were prepared to lay down their lives for others – and seven of them did.”

“During the war the women of the church formed the Westminster unit of the Red Cross. They ran one of the largest volunteer medical supply programs in the country, preparing bandages, garments, and other materials for our soldiers, orphans, and refugees. The women of Westminster produced and sent abroad more than 366,000 articles.”

“When troops came through town on their way to being deployed, Westminster families saw them in worship and invited them home to Sunday dinner after church. Westminster’s pastor at the time, [Rev.] John Bushnell, whose own son’s name is on that plaque as having served in the Navy during the war, describes hosting three soldiers at one such Sunday afternoon meal:

  • ‘The talk centered about their home lives and it was found that one was a Catholic, one a Methodist, and one a Mormon, all three feeling entirely at home with a Presbyterian minister’s family. It was a local example of the leveling or elevating process of common great cause, eliminating all distinctions and creating the common denominator of an elemental human emergency.’”

“As we mark Veterans Day tomorrow we acknowledge that U.S. soldiers continue to fight in Afghanistan and other lands, without a sense of ‘elemental human emergency’ and no perception of a ‘common great cause.’ But, still, they serve on behalf of the nation and we must not forget them.”

“During World War I, as we bade farewell to those going to serve, prayers were lifted each Sunday. Large American flags draped the front of the organ, as well as a banner with stars representing every man from the church serving overseas. Flags of our allies were placed in front of the pulpit. A ‘Westminster War Letter’ helped people keep track of our soldiers.”

“The congregation wept with the families of those whose sons were killed. The first to die was Edward Phinney, a deacon of the church. To love in the way of Jesus means to be willing to give up privilege and power – even life itself – so that others might live. Fred Wagner, a candidate for the ministry, was later killed in battle in France.”

“Nine-and-a-half million soldiers on all sides died in the Great War, the war that was to end all wars. Another 10 million civilians perished. More than 21 million were injured.”

“Westminster did not romanticize or glorify the war. Referring to the great loss of life, the Rev. Bushnell wrote, ‘It made us understand and hate war as never before.’”

“Following the Armistice of 1918, the Rev. Bushnell described war as ‘an affront to Deity, to (hu)mankind, and all the elements that constitute a moral universe.’”

“Speaking 20 years later, in 1938, as Europe was moving toward war again, he wrote, using words that may sound applicable to us in our time:

  • ‘There is at present far more fear harassing the human family, more despair of the (unity of humankind), more bitter strife and hatred between nations, more greed, more lust than before.’ (All quotes and other information from John E. Bushnell, The History of Westminster Presbyterian Church, 1907-1937 [Minneapolis, Lund Press; 1938], pp.21-31)”

“The response to the bitterness, hatred, and fear that enveloped the human family then and the response to the bitterness, hatred, and fear that envelops us now is not more war and more weaponry and more violence, but, rather, that which Jesus says to the Pharisee long ago, when asked which was the highest of all the laws: ‘The first and greatest commandment,’ Jesus says,

  • ‘Is to love the Lord your God, with all your heart and all your soul and all your mind, and the second is like it, to love neighbor as yourself. On those two commandments hang all the law and the prophets.’”

“And, we might add, the ministry of this congregation, and of Liberty church and other communities of faith and people of goodwill everywhere, and the life of this nation, and the future of humankind. The commandment to love. To love God and neighbor.”

“As we hear the bell toll here in our sanctuary with others across the land marking the Armistice 100 years ago, as we remember and give thanks for those who served and those who died in the Great War, let us also redouble our commitment to strive for the justice and peace that comes from those who follow the highest law: to love God and love neighbor.”.

“Thanks be to God.”

Reflections

This sermon was especially powerful for  me.

As I wrote in my eighth blog post in April 2011, “”The first foundation of my Christian faith is Jesus’ encounter with a clever lawyer in Luke 10:25-37. The lawyer asked Jesus a trick question as to what the lawyer had to do to inherit eternal life. The lawyer did not really want to know the answer; instead, the lawyer wanted Jesus to give an answer that could be twisted to incriminate him. Jesus ducked the question and instead responded with another question: ‘What is written in the law? How do you read it?’ The lawyer replied, ‘Love God with all your heart, soul, strength and mind and your neighbor as yourself.’ Jesus then said the lawyer had answered correctly and that he would live if he did exactly that.”[2]

“The lawyer, however, would not let it end there. He then asked what he thought was another trick question of Jesus, “And who is my neighbor?” Again, the lawyer did not really want to know the answer; instead he wanted Jesus to provide an answer that could also be twisted against him. Again, however, Jesus did not answer directly, but instead told the Parable of the Good Samaritan without the punch line identifying the good neighbor. Once again Jesus asked the lawyer to fill in the blank, this time to identify the good neighbor in the story. The lawyer did just that by saying, ‘The one who had mercy on [the man by the side of the road].’  Jesus then said, ‘Go and do likewise.’ (Luke 10: 29-37)” This Parable is the second foundation of my Christian faith.

Apparently the lawyer in this account in the Gospel of Luke was drawing upon two passages of the Old Testament. In Deuteronomy 6:5 Moses is reminding a new generation of his people of the laws he had received from God on Mt. Sinai when Moses says, ‘You shall  love the Lord your God with all your heart, and with all your soul, and with all your might.’ The other passage is Leviticus 19:18, where Moses in summarizing what God had delivered to him on Mt. Sinai says, ‘you shall love your neighbor as yourself.’

Today, this precept—”Love God with all your heart, soul, strength and mind and your neighbor as yourself.”—is still the first foundation of my Christian faith.

Therefore, I was pleased to hear the same message in this passage of Matthew with the reversal of the roles of Jesus and the lawyer from Luke. Now, the lawyer is posing the question, and Jesus is providing the same answer.

I also was pleased and surprised to hear Rev. Hart-Andersen’s add the metaphor of the clothesline when Matthew in the New Revised Standard Version says, “On these two commandments hang all the law and the prophets.” (Emphasis added.) This integrative device made sense to me.

Although I was not a Westminster member during the events in its history that were recounted in the sermon, hearing about them, especially as tied to the Bible with the clothesline metaphor brought tears to my eyes.

Returning to the Parable of the Good Samaritan, one of the lessons of this story for me is that your neighbor whom you should love as yourself is anyone and everyone and that they can appear when you least expect them. That sets forth a daunting assignment. I have never met this challenge and never can.

That leads to the third foundation of my Christian faith. God knows that we fail and yet forgives us. The most powerful statement of God’s forgiveness comes in another story by Jesus, The Parable of the Prodigal Son (Luke 15: 11-31), . As an only son and as a father of two sons, I see myself in this story as the older, resentful son as well as the younger, lost son and more recently as the father.

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[1] The text of the sermon and the bulletin for the service are available on the church’s website. This service also included the installation of Rev. Alanna Simone Tyler as Associate Pastor for Justice and Mission, which will be covered in a separate post.

[2]  My Christian Faith, dwkcommentaries.com (April 6, 2011).

The Joy of Researching and Writing About Edward B. Burling and Joseph Welch

Previous posts have reviewed many aspects of the lives of Edward B. Burling, a prominent Washington, D.C. attorney, and of Joseph Welch, a prominent Boston attorney. (See Appendices A and B.) Those posts are the result of extensive research over many years and in many places besides Internet research on my home computer. Now I share how that research and writing has brought joy to my life. [1}

In 1982 I took a sabbatical leave from my Minneapolis law firm (then Faegre & Benson; n/k/a Faegre Baker Daniels) to teach a course about law at my alma mater, Grinnell College, and in my spare time I examined materials in the College Archives about these two gentlemen.

While on a business trip to Boston in 1985 I found spare time to examine a collection of Joe Welch Papers at the Boston Public Library. While focusing on those relating to the Army-McCarthy Hearings, I happened upon letters between Welch and Burling.

In 1986 I returned to Boston to attend the Harvard Law School’s Summer Program for Lawyers and discovered  in Harvard’s collection of the papers of Learned Hand, an eminent federal judge and one of my legal heroes, that he and Burling had been law school contemporaries and life-long friends. This further spurred my interest in Burling as I read their extensive correspondence. On this occasion I also visited Welch’s law firm and interviewed some of the other lawyers who were involved in the Army-McCarthy Hearings.

When I retired from the active practice of law in the summer of 2001, one of my future projects was to review all of the information that I had gathered and write articles about the two gentlemen, and I mentioned this project in an essay about retirement that was posted on the Internet by another law school friend as part of materials for a lawyers’ seminar.

In 2005 I was inspired to finish these papers when I received a totally unexpected call from Professor Roger Newman, the biographer of Hugo Black and a member of the faculty of Columbia University. Newman said that he was the editor of the forthcoming Yale Biographical Dictionary of American Law and asked if I would be interested in writing short biographies of Welch and Burling for that book. Newman said he had discovered my interest in these men from the just mentioned essay on the Internet. I said that I would be glad to do so.

I then retrieved my materials, did additional research and wrote the two 500-word biographies. (This Biographical Dictionary, which was published in 2009 by Yale University Press, was the first single-volume containing concise biographies of the most eminent men and women in the history of American law who had devised, replenished, expounded, and explained law. See Yale University Press, The Yale Biographical Dictionary of American Law (ISBN 978-0-300-11300-6),

These sketches, however, barely scratched the surface of what I wanted to say about Burling and Welch.. As a result, I did further research, including examination of several collections of original papers at the Library of Congress. My research about Burling and Welch now has been documented in multiple posts to this blog.

My interest in these two men was sparked by my sharing with them growing up in small Iowa towns, graduating from Grinnell College and prestigious law schools and becoming lawyers in major law firms in different cities and by meeting Burling in 1959 and hearing Welch speak at Grinnell in 1957. My research and writing about them enabled me to use my legal skills in projects that were personally important to me, rather than those that were driven by clients and courts. The research also produced many thrills of discovery, including some totally unrelated to these two men.

I am grateful that I have found great joy in doing this research and writing.

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[1] An earlier version of this post was published as Adventures of a History Detective (April 5, 2011).

Posts about Edward B. Burling to dwkcommentaries.com (Appendix A)

Katherine Graham’s Connections with Harry Hopkins and Edward B. Burling (Feb. 13, 2018), https://dwkcommentaries.com/2018/02/13/katharine-grahams-connections-with-harry-hopkins-and-edward-b-burling/

Edward B. Burling’s Early Years in Iowa, 1870-1890 (Feb. 17, 2018), https://dwkcommentaries.com/2018/02/17/edward-b-burlings-early-years-in-iowa-1870-1890/

Edward B. Burling’s Years at Harvard University, 1890-1894 (Feb. 18, 2018), https://dwkcommentaries.com/2018/02/18/edward-b-burlings-years-at-harvard-university-1890-1894/

Edward B. Burling: The Chicago Attorney, 1895-1917 (Feb. 19, 2018), https://dwkcommentaries.com/2018/02/19/edward-b-burling-the-chicago-attorney-1895-1917/

Edward B. Burling: The Federal Government Attorney, 1917-1918 (Feb.20, 2018), https://dwkcommentaries.com/2018/02/20/edward-b-burling-the-federal-government-attorney-1917-1918/

Edward B. Burling: The Prominent Washington, D.C. Attorney, 1919-1966 (Feb.21, 2018), https://dwkcommentaries.com/2018/02/21/edward-b-burling-the-prominent-washington-d-c-attorney-1919-1966/

Edward B. Burling’s Life-Long Friendship with Learned Hand (Feb. 22, 2018), https://dwkcommentaries.com/2018/02/22/edward-b-burlings-life-long-friendship-with-learned-hand/

Edward B. Burling: The Character of the Man (Feb. 25, 2018), https://dwkcommentaries.com/2018/02/25/edward-b-burling-the-character-of-the-man/

The Joy of Researching and Writing About Edward B. Burling and Joseph Welch (Feb. 26, 2018), https://dwkcommentaries.com/2018/02/26/the-joy-of-researching-and-writing-about-edward-b-burling-and-joseph-welch/

Posts About Joseph Welch to dwkcommentaries.com (Appendix B)

Joseph Welch Before the Army-McCarthy Hearings (June 14, 2012), https://dwkcommentaries.com/2012/06/14/joseph-welch-before-the-army-mccarthy-hearings/

The U.S. Army’s Hiring of Attorney Joseph Welch for the Army-McCarthy Hearings (June 8, 2012), https://dwkcommentaries.com/2012/06/08/the-u-s-armys-hiring-of-attorney-joseph-welch-for-the-army-mccarthy-hearings/

U.S. Senator Joseph McCarthy’s Nemesis: Attorney Joseph Welch (June 4, 2012), https://dwkcommentaries.com/2012/06/04/u-s-senator-joseph-mccarthys-nemesis-attorney-joseph-welch/

Attorney Joseph Welch’s Performance at the Army-McCarthy Hearings (June 6, 2012), https://dwkcommentaries.com/2012/06/06/attorney-joseph-welchs-performance-at-the-army-mccarthy-hearings/

President Dwight D. Eisenhower’s Involvement in the Army-McCarthy Hearings (June 12, 2012), https://dwkcommentaries.com/2012/06/10/president-dwight-d-eisenhowers-involvement-in-the-army-mccarthy-hearings/

President Eisenhower’s Secret Campaign Against Senator Joe McCarthy (July 27, 2017), https://dwkcommentaries.com/2017/07/26/president-eisenhowers-secret-campaign-against-senator-joe-mccarthy/

Joseph Welch After the Army-McCarthy Hearings (June 12, 2012), https://dwkcommentaries.com/2012/06/12/joseph-welch-after-the-army-mccarthy-hearings/

U.S. Senator Joseph McCarthy Encounters Langston Hughes at Minneapolis’ Guthrie Theater (May 13, 2012), https://dwkcommentaries.com/2012/05/13/u-s-senator-joseph-mccarthy-encounters-langston-hughes-at-minneapolis-guthrie-theater/

Legal Ethics Issues in the “Anatomy of a Murder” Movie (June 27, 2012), https://dwkcommentaries.com/2012/06/27/legal-ethics-issues-in-the-anatomy-of-a-murder-movie/

The Joy of Researching and Writing About Edward B. Burling and Joseph Welch (Feb. 26, 2018), https://dwkcommentaries.com/2018/02/26/the-joy-of-researching-and-writing-about-edward-b-burling-and-joseph-welch/

 

 

 

 

Report for dwkcommentaries –2017      

This blog, which started on April 4, 2011, reports the following activity through December 31, 2017:

YEAR POSTS VIEWS
2011 190  9,189
2012 179 51,164
2013   86 49,082
2014 138 58,602
2015 191 62,990
2016 149 56,831
2017 178 47,554
TOTAL 1,111 335,412

There are 744 followers and the busiest day for all time was December 10, 2016, with 1,725 views.

As indicated in detail in the Pages section on the left side of the home page, the posts and comments for 2011-2017 fall into the following categories (as stated in the Lists of Posts to dwkcommentaries-Topical):

  • Cuba [history and politics]
  • El Salvador [history and politics]
  • Law (Criminal Justice)
  • Law (International Criminal Court)
  • Law (Refugee & Asylum)
  • Law (Treaties)
  • Law (U.S. Alien Tort Statute)
  • Law (U.S. Torture Victims Protection Act)
  • Lawyering [my practice of law]
  • Miscellaneous
  • Personal [my personal background]
  • Religion [predominantly Christianity]
  • United States (History)
  • United States (Politics)

This annual report is shorter than usual because WORDPRESS has not provided its annual report.

The blogger would appreciate receiving substantive comments on his posts, including corrections and disagreements.

 

 

 

Jesus’ Question: Who Do You Say That I Am?

‘Who Do You Say That I Am?” was the title of the August 20 sermon at Minneapolis’ Westminster Presbyterian Church by Associate Pastor Brennan Blue.[1]

Westminster Presbyterian Church
Rev. Brennan Blue

 

 

 

 

 

Here are extracts of that sermon along with the main Scripture reading of the day and two of the prayers.

Preparing for the Word

Prayer of Confession: “Merciful God, you call us home with compassion and grace, but we fail to listen. You love and name us as your own, but we fail to respond in kind. We turn our backs on our neighbors’ needs, consumed with our own concerns. We look the other way while violence, prejudice, and greed run rampant in our communities. God of grace, help us to admit our sins and shortcomings, so that as you come to us in mercy, we may repent and find a new way of being. At home in your compassion and care, may we find that we ourselves are new beings.”

Listening for the Word

Reading of the Holy Scripture: Mark 8: 27-33 (NRSV):[2]

  • “Jesus went on with his disciples to the villages of Caesarea Philippi; and on the way, he asked his disciples, ‘Who do people say that I am?’ And they answered him, ‘John the Baptist;’ and others, ‘Elijah;’ and still others, ‘one of the prophets.’  [Jesus then] asked them, ‘But who do you say that I am?’ Peter answered him, ‘You are the Messiah.’ And [Jesus] . . . sternly ordered them not to tell anyone about him.”
  • Then [Jesus] . . . began to teach them that the Son of Man must undergo great suffering, and be rejected by the elders, the chief priests, and the scribes, and be killed, and after three days rise again. He said all this quite openly. And Peter took him aside and began to rebuke him. But turning and looking at his disciples, [Jesus] rebuked Peter and said, ‘Get behind me, Satan! For you are setting your mind not on divine things but on human things.’”

Sermon (Excerpts):

“Biblical scholars cite this passage [from Mark] as a literary and theological hinge; the single most important passage in the whole of the gospel, for it reveals the truth of Jesus’ identity that only he has known all along: Jesus is the Messiah, and nothing will ever be the same.[3][

“Countless sermons, books, dissertations, and devotions have been written about just what this means that Jesus is the Messiah. Today, I ask us to step back and wonder at what may be one of Jesus’ greatest strengths. He knows who he is. He understands and even embraces his identity, both human and divine.”

“Jesus knows his gifts and graces, his desire to teach and pray and heal. He shares these freely from places of deep love and mercy. But he also knows the hard things that come with his identity. He knows that he will suffer, and must suffer freely in service of others. He probably knows that his will be a lonely road.”

“One that, ultimately, he will have to walk alone. This too Jesus embraces from a place of deep love and mercy.”

“I doubt that Jesus could so faithfully walk the road before him without knowing fully and faithfully who he is. But by the grace of God, Jesus does and Jesus will.”

“And if we are to follow Jesus, then it’s important that we not only know this Messiah, but that we follow in his steps and know ourselves, as well.”

“That’s what it’s going to take. Honest soul-searching and self-work. The courage to name our fears, failings and prejudices, even as we name our gifts and graces. It means speaking out while also searching in; leading from our identity, even if we’re working to change that identity. This is as true of our advocacy, as it is of our worship, our service, our care.”

“In short, it takes being and bringing all of ourselves to the table, trusting that God can handle us – all of us – as we are. That’s why we gather each week to confess our sins, hear God’s Word, and pray for the hurts of our lives and world.”

“So may we live and work for the day when the promises of divine grace, love and welcome may be not only written upon our hearts, but spoken from our lips, witnessed in our lives and policies, and demonstrated by the strength and our care and conviction.”

[May we be able to answer Jesus’ question: “‘But who do you say that I am?” An answer that is truthful for each of us. An answer that is persuasive for others.]

“May we may know and love ourselves for who we are.”

“May we may know and love our neighbors for who they are.”

“As we together seek to know and follow Christ.”

Responding to the Word

The Pastoral Prayer was provided by Rev. Dr. Margaret McCray, the Executive Director of the Westminster Counseling Center, with these words:

“How it must grieve you, our loving Parent, that as we grow into our adulthood from the wide open spaces of our childhood dreams and aspirations we can lose our way, neglecting and even denigrating the unique beauty within ourselves and within every person we meet: the different but equally useful and remarkable talents you endow us with; the different ways we express our sexuality;  our different colors of skin and varied cultural traditions and life experiences; the different and deeply spiritual ways we worship you.”

“Forgive us, Loving God, for making our lives tiny and restricted, contenting ourselves with small, selfish ideas and actions. Forgive us for cutting ourselves off from engaging with our sisters and brothers from all over this exquisite home you gave us to live in, a home we are rapidly destroying by our thoughtless abuse of its once abundant resources.  Heal us, mend us, embolden us, Gracious God.”

“We pray for those who live in fear and anger, for those who know the horror and grief of terrorist attacks, for those who live in poverty and hunger, for those in the midst of war, displacement and hatred, for those affected by drought, mudslides and the effects of climate change.   The world cries out for us to be vessels of the love you created in us at our birth, the love you poured out in Jesus the Christ, who showed us how to live that love.”

“Give us energy and commitment to act on behalf others. Embolden us to live lives of generosity and compassion, to show kindness and act justly towards all people.  Give us courage to speak out against injustice, to honor the rich, fertile multitude of the different bodies, talents, skills, traditions and imaginations you have given us.  Heal our wounded hearts, help us to nurture the unique possibilities of our own bodies and minds. May we go to sleep each night and wake each morning knowing that whatever the day may bring we will meet it with gratitude and love in our body, mind and soul, for it is from this deep well that we draw the love and justice we show others.  This is what saves us.  This is what gives us hope.  This is what inspires us.  This is how you created us to be.  Amen.”

Conclusion

Jesus’ first question to his disciples–Who do people say that I am? — might be seen as His seeking information about whether His message was getting through to the people. When the disciples provided multiple, conflicting answers, Jesus clearly was dissatisfied and thus asked his  follow-up question: “But who do you say that I am?” Presumably the disciples were much more familiar with what Jesus had said and done and would have better answers. Indeed, only one answer was necessary when Peter said, “You are the Messiah.”

That follow-up question also was addressed to everyone in Jesus’ time and to everyone since then. There obviously have been and continue to be many different answers to this question. Some will say, “I do not know.” Others, “He was a man who lived many years ago who claimed to be the Son of God.” And so on.

For those of us who claim to be Christians, the question is a challenge to have an answer that is direct and authentic. For me, Jesus was a favored Son of God, who by his words and actions courageously demonstrated the kind of life that God wants every human being to live. As Jesus affirmed, “Love God with all your heart, mind and soul and your neighbor as yourself.” Jesus, therefore, commands our love and worship, as we strive to follow Him and live the life that He demonstrated.

Striving to follow Him involves reflection, prayer and conversation with others as we struggle to discern our gifts and talents and how to use them to advance God’s kingdom on earth and thereby discover and advance our own vocation. [4] As Rev. Blue said in his sermon, following Jesus requires “honest soul-searching and self-work. The courage to name our fears, failings and prejudices, even as we name our gifts and graces.” In so doing, we “live and work for the day when the promises of divine grace, love and welcome may not only be written upon our hearts, but spoken from our lips, witnessed in our lives and policies, and demonstrated by the strength and our care and conviction.”

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[1] The bulletin of the service and the text of the sermon are available on the church’s website.

[2] The other scriptures were Jeremiah 31: 31-34 and Galatians 3:23-29.

[3]  Jeffery S. Siker, “Exegetical Perspective” in Feasting on the Gospels: Mark, eds. Cynthia A. Jarvis and E. Elizabeth Johnson (Louisville: Westminster John Knox Press, 2014), p. 237, 239.

[4] Other posts have reflected on the concept of vocation and my own sense of vocation: My General Thoughts on Vocation (Feb. 6, 2014);  (Feb. 15, 2014); Another Powerful Worship Service About Vocation (Feb. 15, 2014); Other Scriptural Passages About Vocation (Feb. 17, 2014); What Happens When Jesus Calls? (Feb. 19, 2014); My Vocations (Feb. 23, 2014).

 

 

 

 

 

 

 

 

 

Contemplations of Life and Death  

My contemplations of mortality and those of Roger Cohen have been subjects of previous posts.[1] Additional contemplations are prompted by an article by two philosophy professors, John Kaag and Clancy Martin.[2]

Their starting point is Percy Bysshe Shelley’s famous sonnet, “Ozymandias,” in which an anonymous traveler discovers a bust and pedestal, half-buried in windswept sands, with the inscription, “My name is Ozymandias, king of kings: Look on my works, ye Mighty, and despair!”

This poem, they say, delivers a perennial message: “All of this will be over soon, faster than you think. Fame has a shadow — inevitable decline.” Our existential fragility “is overlooked in most of our waking hours” and “must be faced even by the greatest among us.”

We, however, “tend to defer the question of living or dying well until it’s too late to answer. This might be the scariest thing about death: coming to die only to discover, in Thoreau’s words, that we haven’t lived.” We “pretend that dying is something that is going to happen in some distant future, at some other point in time, to some other person. But not to us. At least not right now. Not today, not tomorrow, not next week, not even next decade. A lifetime from now.”

“As surely as time passes, [however,] we human beings are dying for something. The trick to dying for something is picking the right something, day after week after precious year. And this is incredibly hard and decidedly not inevitable.” But “we have a remarkable degree of choice about what to do, think and become in the meantime, about how we go about living, which means we have a remarkable degree of choice over how we go about our dying. The choice, like the end itself, is ultimately ours and ours alone.”

If we succeed in liberating ourselves from the delusion of immortality, “we may find that confronting the fact of our own impermanence can do something unexpected and remarkable — transform the very nature of how we live.”

All of this makes sense to me, but this article does not provide guidance on how one should decide what to do “day after week after precious year.” For me, this triggers the Christian notion of vocation and the words of Frederick Buechner, an author and an ordained Presbyterian pastor. He said “the word ‘vocation’ . . . means the work a man is called to by God. . . . The kind of work God usually calls you to is the kind of work (a) that you need most to do and (b) that the world most needs to have done. . . . The place God calls you to is the place where your deep gladness and the world’s deep hunger meet.”[3]

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[1] Previous posts: Intimations of Mortality (Mar. 8, 2012); Mortality (Apr. 8, 2014); Death Certificates’ Documentation of Mortality (Apr. 11, 2014); Why I Do Not Hope To Die at 75 (Sept. 25, 2014); Further Reflections on Ezekiel Emmanuel’s Desire to Die at 75 (Sept. 30, 2014); Another Perspective on Dying (Oct. 6, 2014); Roger Cohen’s Gentle Words of Wisdom (Dec. 3, 2016).

[2] Kaag & Martin, Looking Death in the Face, N.Y. Times (Dec. 26, 2016),

[3] My General Thoughts About Vocation (Feb. 6, 2014); My Vocations (Feb. 23, 2014); Where Is the Sense of Vocation in Roger Cohen’s Writings? (Dec. 7, 2016).